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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 20, 2014, the Plaintiff completed the registration of ownership transfer with respect to the Seoyang-gu Eandong-gu, Gyeyang-gu (hereinafter “instant summary”). Defendant B is the owner who has the share of 870.476/1057 of the land D (hereinafter “instant land”), and Defendant C is the owner who owns the share of 186.524/1057 of the instant land.
B. In addition to the instant land, the summary of the instant case is surrounded by the Defendant C-owned land: 193 square meters; H 450 square meters, which is Nonparty G-owned; 683 square meters, which is Nonparty L, M, N-owned, P-owned, 1,858 square meters, and Qack-si, 978 square meters, which is Nonparty P-owned.
C. The instant land is located between the instant summary and R, which is the road site close to the said summary, and Defendant B installed cement block fence (hereinafter “instant wall”) on the boundary line of the instant land, including the line connecting each point of the Plaintiff’s ownership transfer registration in the name of the Plaintiff with respect to the said summary prior to the completion of the registration of ownership transfer in the name of the Plaintiff on the said summary.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each branch number, if any; hereinafter the same shall apply), Gap evidence Nos. 4, Eul evidence Nos. 4 and the purport of the whole pleadings
2. In order to reach the degree of contribution located in Goyang-gu R in Goyang-si, Yangyang-si, the instant claim cause of action, the Plaintiff should use the part inside the ship connected in order of each point of Annex A, B, g, al, and Ga (hereinafter “the instant part”) as the passage. As such, the Plaintiff seek against the Defendants the confirmation of the right to passage over surrounding land of about about four meters in width, which corresponds to the passage of about four meters in width, based on the boundary line of the instant land, the removal of about four meters in width, such as the prohibition of all acts that interfered with the Plaintiff’s passage, and the removal of cement block fenced on the line connecting each point of Annex A, B, g, al., and al.
3. Determination A.